Protecting women from deceitful men or criminalizing break-ups? A new law in India stirs debate

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CNN . . Men who deceitfully break off promises of marriage after having sex with a woman could face up to 10 years in prison, as Indian law grapples with a widespread but often ignored form of sexual abuse.. ..

But the new law has also provoked questions about how it will be applied, whether it can effectively protect women from sexual exploitation and whether it risks criminalizing break-ups.. . Prime Minister Narendra Modis government introduced a new criminal code in early July, replacing Indias 164-year-old colonial-era penal code.. . Section 69 of the new statute criminalizes having sex with a woman by making a promise to marry (her) without any intention of doing so, or by deceitful means such as falsely promising career advancement or marrying under a fake identity.. ..

Though the law is new, the concept is not many women have previously brought such cases to court, accusing men of luring them into sexual relationships by dangling promises of marriage.. ..

In 2019, the Supreme Court heard a case where the plaintiff alleged rape after having been in a long-term romantic and sexual relationship with the defendant, who later expressed reservations about getting married due to caste differences, as detailed in court documents.. . Indias caste system was officially abolished in 1950, but the 2,000-year-old social hierarchy still exists in many aspects of life..

In the real world, even if such a situation occurs the accused would only tell his true intentions to his confidant, he wouldnt tell the victim that, said Gopal Krishna, a legal advocate in Varanasi and a legal coordinator for a local NGO for women, Guria India.. . Siddiki added that under the previous penal code, rape victims including those in promise to marriage cases were required to undergo medical exams, which are no longer required under the new class of case.. ..

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